YOU'RE ANGRY AND YOU WANT TO SUE SOMEONE

You're here because you want to sue someone. Ok. Here's what you need to know:

FOR MEDICAL MALPRACTICE CASES

In order to start a lawsuit in the State of New York I have to be able to show

There was wrongdoing,

That the wrongdoing caused injury, and

That the injury is signficiant and/or permanent.

All three of those elements must be confirmed by a medical expert who has either treated you, or reviewed all of your records. If any one of those elements are missing, then there is no way to prove a valid case.

AM I TIMELY?

The most important question that an experienced attorney needs to know when you call their office is whether your potential case is timely. This is known legally as the statute of limitations. Why is this important? Because in New York (as in every state) there are very strict rules that define when you can and cannot bring a lawsuit for your injuries.

Yes, these are man-made rules, but the reality is that some people do not consult an attorney in a timely manner, and their cases are not timely. If you do not bring a case with the appropriate time period, there is very little that I or any other experienced medical malpractice attorney could do to help you.

HOW DO I KNOW IF MY CASE IS TIMELY?

The only real way to know for sure is to meet with an experienced attorney. Your lawyer will need to review your medical records to determine for sure if you are timely. It is very difficult to tell someone on the phone whether or not your case is timely since I don't have the advantage of reviewing all of your medicals and speaking to one or more medical experts about your matter.

WHAT IS THE TIME LIMIT TO BRING A MEDICAL MALPRACTICE CASE IN NEW YORK?

As of the date of this writing, February 14, 2010, the general rule is that you have only 2 1/2 years from the date of the malpractice within which to bring a lawsuit against a private doctor or private hospital. WARNING!!!There are at least 5 or 6 different exceptions that may shorten or lengthen the time that you have to bring a lawsuit! That is why it is so important to speak to an experienced attorney to determine if your particular matter is timely.

ANOTHER WARNING!!!

Do not rely on something you read online; in a video tip; in a book you read; or someone you overheard at a party tell you how much time you have to bring a lawsuit in New York. Instead you MUST speak to an attorney who handles cases like these on a regular basis.

Here's why. Cases against municipalities have much shorter time periods to bring a lawsuit. There are also special requirements for filing a separate claim that must be done within a very short time after your malpractice has occurred. Failure to timely file that separate claim could have devastating results for you. However, all is not lost, since there are ways that an attorney can ask the Court for special permission to file a late claim.

Cases against the State of New York also have a shorter time period. In addition, there is also a separate need to file a special claim in some cases.

Cases against the Veterans Administration and the United States Government have shorter time periods too.

Cases involving children may have longer time periods.

Cases involving "Continuous Treatment" may also extend the time that you would ordinarily have to bring a lawsuit. WARNING!!! "Continuous Treatment" does not apply simply because you keep going back to that doctor for different medical problems. There are very specific requirements that must be met for you to take advantage of the continuous treament doctrine. In every case where we believe that your continuous treatment applies to extend the time to file your lawsuit, we MUST review all of your records to definitively determine what was done on each and every visit to the doctor's office.

We will need to know why you went back to their office. Who initiated the next visit? For what reason did you return? What complaints did you have? What did the doctor indicate he or she would do? What was the plan of treatment? What was your expectation of what would happen next? All of these questions will help to answer the very important question of whether your matter is timely.

FOR ACCIDENT CASES

In any accident case, we need to determine who, if anyone, was responsible for your accident? Was it a careless driver; was it a careless property owner; was it a negligent manufacturer who made a defective product?

To determine who is legally responsible, it is necessary to start an investigation to look into this. This includes obtaining police reports, statements from any witnesses, photographs of the scene, among many other things needed to fully evaluate responsibility.

In the case of a car accident, it is vital that you notify your no-fault insurance company within 30 days of the date of your accident (that time period is accurate as of the date I am writing this, February 14, 2010). This puts your insurance company on notice of the accident and will allow them to pay for your medical expenses arising out of your car accident.

In addition to proving liability (who was responsible), we must also be able to show that the wrongdoing was a cause of your injury. This is known legally as "causation." We must also be able to show that you suffered signficant and/or permanent injury as a result of the wrongdoing.

WHAT IS THE TIME LIMIT TO BRING AN ACCIDENT CASE IN NEW YORK?

There are very specific deadlines that come to filing a lawsuit. Generally, for an accident case in New York, you have only 3 years from the date of the accident within which to file a lawsuit. THIS IS VALID AS OF THE TIME OF THIS WRITING, FEBRUARY 14, 2010. WARNING!!! There are exceptions; which means that you may have less time, or in some very limited cases, more time. (How's that for a lawyerly double-sided answer?).

How do you know for sure? You have to sit down with an experienced accident attorney and determine if your case is timely.

Cases involving children typically have a longer time to file.

Cases against municipalities have much shorter time periods to bring a lawsuit. There are also special requirements for filing a separate claim that must be done within a very short time after your accident has occurred. Failure to timely file that separate claim could have devastating results for you. However, all may be not lost, since there are ways that an attorney can ask the Court for special permission to file a late claim.

Cases against the State of New York also have a shorter time period. In addition, there is also a separate need to file a special claim in some cases.

Cases against the Veterans Administration and the United States Government have shorter time periods too.

FOR DEATH CASES

WHAT IS THE TIME LIMIT TO BRING A WRONGFUL DEATH CASE IN NEW YORK?

Generally, you have only 2 years from the date of death within which to start a wrongful death lawsuit. That's it. It's NEVER longer than that. WARNING!!! If you need to sue a municipality, a State agency, the State of New York, the United States government or the Veterans Adminisration, the time limit is MUCH shorter. You will also have to file a special "Notice of Claim" or "Notice of Intention To File a Claim" which has a MUCH shorter time period.

THE BOTTOM LINE

In order to determine if your case is timely, you MUST speak with an experienced attorney right away. You cannot wait. It costs you nothing. This way you will know for sure if your case is timely. If it is, then you can start looking into it to determine if your case has all of the necessary elements needed for a successful case.

I encourage you to explore my website here to learn more about medical malpractice, accident and death cases. I have hundreds of FAQ's; hundreds of free video tips; four FREE books that will help you understand how cases like yours work here in New York (The first book listed, SECRETS of a New York medical malpractice attorney is a favorite of everyone who reads it.)

On my website I have actual testimony of doctors in actual cases I have handled. There are hundreds of articles and blog posts that are all desiged to educate you and give you information that will make you a better-informed consumer. After you're done exploring my site, I urge you to pick up the phone and call me with your legal questions, since I can answer your legal questions; that's what I do on a daily basis! So go ahead, pick up the phone and call; there's no charge and I don't bite either. Really. I welcome your call: 516-487-8207 or by email: lawmed10@yahoo.com

Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.

The material on this website is for informational purposes only. Mr. Oginski practices law exclusively in the State of New York. We do not practice law in any other State. Please do not send any written materials to this office until you have spoken and/or communicated with us. We cannot consider you a client until such time as we have consulted with you, and met with you personally. Since all cases are different and legal authority can and does change, it is important to remember that prior results cannot and do not guarantee similar outcomes with respect to any future matter in which any lawyer or law firm may be retained. To the extent that this website discusses past cases the firm has handled, or in any way mentions the firm or its services, New York courts may deem this to be attorney advertising.